The Supreme Court on Monday declined to entertain a batch of writ petitions challenging the Union Cabinet’s decision to create a new Telangana State bifurcating Andhra Pradesh.

A bench of Justices H.L. Dattu and Madan B. Lokur, after hearing senior counsel Fali Nariman, senior counsel Harish Salve, senior counsel Rohinton Nariman for the petitioners, K. Raghu Ramakrishnan Raju, Payyavulla Keshav, D.A. Somayajulu, K. Prabhakar Raju and N. Ramakrishna, however, allowed them to file fresh petitions once the Bill for the formation of the new State was introduced in Parliament.

The Bench made it clear that all legal issues raised in these petitions could be raised by the petitioners in the appropriate petitions at the appropriate stage.

Mr. Nariman argued that the process of bifurcation of Andhra Pradesh into Telangana and Andhra Pradesh was unconstitutional, violating the principle of federalism, a basic feature of the Constitution.

Justice Dattu told the counsel, “It is premature. After the Cabinet decision, a Bill has to be introduced and the matter has to go to Parliament.”

It is necessary to conduct a vote in the State of AP to ascertain the the will of the people. The whole process of bifurcation smacks of authartarianism by those in power.

from:
satish

Posted on: Nov 19, 2013 at 10:46 IST

the people who are challenging the division sholud open their eyes atleast now. they should realise that division strengthens the democracy and it clearly warns the oppressive majority that they will no longer will be tolerated.

from:
kalyan kumar

Posted on: Nov 18, 2013 at 15:47 IST

The only legitimate democratic method for state creation is via referendum of those districts that seek to band together at the exclusion of others.

The SC cannot create a principle of referudum our of thin air where the constution lacks such a mechanism..or can it? Should be interesting few months ahead.